Divorce in Kenya is no longer the taboo it once was. With the change in social norms, financial pressures, and growing awareness of legal rights, more couples are turning to the courts to dissolve their marriages.

The Marriage Act of 2014 lays out the rules, including the grounds for divorce, how petitions are filed, and what happens to property and children after separation.

Courts recognize several reasons to dissolve a marriage, including adultery, cruelty, desertion, incurable insanity, imprisonment, and irretrievable breakdown of the union.

The Legal fees vary depending on whether a case is contested. An uncontested divorce can cost between Ksh50,000 and Ksh150,000, while contested cases may exceed Ksh 200,000.

Court filing fees are relatively low, about Ksh 10,000 to Ksh 20,000, but additional expenses for transport, documentation, and witnesses quickly add up.

The process begins with a divorce petition filed at the High Court or Magistrate’s Court.

The petition must outline the grounds for divorce and include supporting evidence such as marriage certificates, witness statements, or medical reports.

The respondent is then served and has 14 days to respond.

If the petition is uncontested, the case may proceed faster. The court issues a Decree Nisi, a provisional order, followed by a Decree Absolute after 30 days, which officially dissolves the marriage.

A petitioner must prove the marriage is legally recognized, provide evidence of the grounds for divorce, and demonstrate jurisdiction, either by citizenship or domicile in Kenya.

A civil marriage must have lasted at least three years before a petition can be filed, though exceptions exist in severe cases.

Separation allows spouses to live apart without dissolving the marriage, while divorce formally ends it, allowing remarriage.

Property disputes are governed by the Matrimonial Property Act of 2013, which states fairness based on contributions rather than automatic equal division.

Child custody is determined by the best interests of the child, with joint custody favored unless one parent is deemed unfit.

Uncontested cases can take two to six months, while contested divorces may drag on for a year or longer.

Court delays, missing documents, and appeals often prolong proceedings.

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